1. Subject of the contract
This contract regulates the rental and the subsequent possible purchase of new and used fitness equipment, hereinafter "goods", via the website.
2. Conclusion of the rental contract, shipping or delivery of the goods
2.1. Conclusion of contract / order via the website
The presentation of the goods on the website is subject to change, ie it does not represent a binding offer to conclude a rental agreement. The customer can only place an order as a registered customer. The ordering process leading to the conclusion of the contract comprises the following steps:
- Selection of the goods in the desired specification (type of item, duration of contract / frequency of payments, and, if necessary, size and color of the item.)
- Place the goods in the shopping cart
- Enter the billing and delivery address
- Selection of the payment method • Confirmation from the customer that no insolvency proceedings have been opened against his assets or are imminent in the foreseeable future (if requested).
The customer only submits a binding offer to conclude a contract by completing the ordering process. Before that, the customer is shown the details of his order in an overview. When ordering the goods, the customer receives a non-binding confirmation of the rental request. After the order has been successfully checked, the customer receives an e-mail from the provider confirming the rental of the selected goods, hereinafter referred to as "order confirmation". The order confirmation is sent by the provider. The rental contract comes into effect upon receipt of this delivery promise or order confirmation.
(ii) Extension of Order:
The customer can extend current orders with effect from the next full month of the contract period. The offer to extend the lease is non-binding, ie it does not represent a binding offer to extend the rental agreement. The customer can only place an order as a registered customer. The contract for the extension of the lease comes into effect upon receipt of this delivery promise or order promise. The new contract starts with the next due monthly payment. A change to one
shorter minimum term is not possible.
2.2. Customer and access data:
The customer assures that all data provided by him when registering or ordering (e.g. name, address, e-mail address, bank details, VAT ID if applicable) are correct and that he has not used any data from third parties. The customer undertakes to notify the provider of any changes to the data immediately. The customer is liable for misuse of the access data by third parties insofar as he is responsible for this. This can also mean that he is obliged to pay usage fees for goods that he did not order himself.
When ordering via the website, the provider enters into contractual relationships only with natural persons of legal age who have full legal capacity. We ensure the minimum age by using a reliable process that includes a personal identity and age check. Orders can also be placed by a legal entity or partnership. The registration of a legal entity or partnership as a customer may only be carried out by one for
This authorized natural person or a person authorized by him, who must be named, hereinafter "authorized representative".
2.3. Dispatch or delivery of the goods:
If the goods are ordered via the website, the goods will not be shipped until the customer has paid the first month's rent. As long as the condition of the successful first payment is not met, the provider is entitled to retain the goods.
No usage fee is payable for the period between dispatch of the goods and their delivery to the customer (see section 6). The paid rental only begins when the goods are delivered to the customer.
3. Acquisition of the leased property
At the end of the rental agreement, the customer can ask the provider to be able to purchase the goods at a later date.
3.1. Purchase price: The purchase price results from the written offer sent.
The purchase price is a gross price including the statutory sales tax applicable at the time the order is placed. If the customer makes use of the purchase option, part of the rent paid by the customer up until the purchase option is exercised will be offset against the purchase price, as shown in the description of the offer.
3.2. Conclusion of the purchase contract:
The conclusion of the purchase contract comes about when the customer accepts the details specified in the offer.
3.3. Terms of payment and delivery:
The customer is obliged to pay in advance. Payment is due immediately after conclusion of the purchase contract.
4. Right of Withdrawal
If the customer is a consumer and has rented or bought the goods via the website, he is entitled to revoke his contractual declaration. Customers who are entrepreneurs have no right of withdrawal. Information on the conditions of exercise and the legal consequences of canceling the rental and purchase can be found in the separate cancellation instructions, which are referred to at this point. If the customer cancels the purchase contract, he does not have to send the goods back to the provider, contrary to the information in the cancellation policy, if he continues to rent the goods. In the event of revocation by the customer, the provider reserves the right to use a different means of payment than the one used by the customer for the payment.
5. Start of Rental, Contract Duration, Termination
If the customer has rented the goods via the website, the term of the rental begins when the goods are delivered to the customer, hereinafter referred to as “delivery”, if the term is extended with the next monthly payment due. The goods are deemed to have been delivered within the meaning of this provision when the supplier commissioned by the provider has delivered the goods to the customer.
The term of the contract and the right to terminate depend on the choice made by the customer when placing the order.
Unless otherwise agreed, the following applies:
5.1) In the case of a specific minimum term: The contract is concluded for the period specified when the order was placed. The parties have the right to terminate the contract with one month's notice to the end of the contract period without giving reasons. If the parties do not exercise this right to terminate, the contract is automatically extended for an indefinite period with one option
to termination under the “pay as you go” conditions described under (b).
5.2) In the case of an indefinite contract period, so-called "pay as you go": The contract is concluded for an indefinite period. Both parties have the right to terminate the contract monthly without giving reasons. The right to extraordinary termination for good cause remains unaffected. The provider is particularly but not exclusively entitled to extraordinary termination in cases
default of payment with two consecutive usage fees to be paid;
- unpunctual payment of the usage fee if the customer has already been warned or reminded of repeated delays in payment;
- long-term attachments or other enforcement measures directed against the customer or judicial or extrajudicial insolvency proceedings opened against the customer;
- the unauthorized transfer of the goods to third parties; – the significant endangerment of the goods due to lack of care or improper and unlawful use; or
- for other important reasons on the part of the provider.
If there are several rental contracts between the provider and the customer and the provider is entitled to terminate a rental contract without notice for good cause, he can also terminate the other rental contracts without notice if he is unable to maintain the other rental contracts due to grossly unfaithful behavior on the part of the customer is reasonable. This is particularly the case when the customer
- intentionally damaged a rental item
- culpably conceals damage caused to the rented item from the provider or tries to hide such damage
- intentionally causes damage to the provider; or
- uses a rented property in or for the purpose of committing criminal offences.
The termination must be in text form. The customer can also terminate the contract online in the customer portal by clicking on the "End rental" button and then returning the goods. The termination becomes effective upon receipt by the provider. If the provider terminates a rental contract, the customer is obliged to return the rental items with all accessories to the provider immediately. It is his responsibility to ensure that the packaging is appropriate. Payments made in advance will not be refunded, regardless of when the customer returns the device.
6. Terms of Delivery
If the customer has rented the goods via the website, the following delivery conditions apply. The product is delivered to the shipping address provided by the customer. The provider is entitled to make partial deliveries to a reasonable extent. Unless otherwise agreed, the devices will be delivered curbside.
If the provider finds out during the processing of the order that the product ordered by the customer is not available despite a careful check of the stock and for reasons for which the provider is not responsible, the customer will be informed by e-mail and a contract will not be concluded. If the provider has previously accepted the customer's contract offer through the rental or purchase confirmation, the provider is entitled to withdraw. Any payments made
will be refunded immediately. The delivery times given in connection with the presentation of the offer are approximate. They are therefore only approximately agreed. If the specified delivery date is exceeded by more than four weeks, each party is entitled to withdraw from the contract. If the provider is not responsible for a permanent obstacle to delivery, in particular force majeure or non-delivery by his own suppliers, although a corresponding hedging transaction was made in good time, the provider has the right to withdraw from a contract with the customer in this respect.
The customer will be informed immediately and services received, especially payments, will be refunded. The obligation to compensate for damage caused by delay is limited to foreseeable, typically occurring damage. This limitation of liability does not apply in the event of intentional or grossly negligent breach of contract. The provider's liability for default due to culpable injury to life, limb and health remains unaffected by the above limitation of liability.
7. Retention of Title
7.1 The delivered goods remain the property of the provider during the rental period,
7.2 upon purchase until the purchase price has been paid in full.
During the rental period, the customer may without the prior
not allow the use of the goods to a third party without the written consent of the provider, in particular not sell, give away, rent or lend. Excluded from this is the free use of the goods by persons belonging to the customer's household or by employees of the customer.
The customer is obliged to keep the goods free of third-party rights during the rental period and upon conclusion of a purchase contract until the purchase price has been paid in full.
The customer may not alter the goods. No change to the goods is a defect removal according to the specifications of § 536a paragraph 2 BGB or wear and tear of the goods through the contractual use iSd § 538 BGB. The customer is not entitled to reimbursement of expenses for changes made by him according to § 539 paragraph 1 BGB. The provider is entitled to restore the original condition after the end of the contract at the expense of the customer. The customer is released from his obligation to pay if the original condition can only be restored with a disproportionate amount of effort
can be restored.
8. User fees, shipping costs
The provider charges usage fees for the use of the goods. The amount of the usage fees results from the presentation of the offer on the website or the sales portal. The total rental price is calculated from the following components: usage fee per month multiplied by the number of months. All rental prices are final prices and include the statutory sales tax. In addition to the final prices, there are additional costs depending on the shipping method, which are displayed before the order is shipped.
The provider is entitled to change the usage fees for the next contract period. The provider will inform the customer of this no later than six weeks before the change comes into effect. If the customer does not agree with the change, he can terminate the contract of use up to two weeks before the price change takes effect. If there is no termination, the customer's consent to the price change is fictitious. The provider will point out the possibility of termination and compliance with the deadline separately.
If the customer returns the goods to the provider without the accessories made available to him by the provider together with the goods or the goods are incomplete, the customer is obliged to return the missing accessories and the missing component within one month at the provider's request. If the customer does not return the missing accessory or component within one month despite the provider's request, the provider is free to demand the residual value of the missing accessory or component,
which is calculated based on the current market value.
9. Terms of Payment
The payment is processed by the provider. The customer only has the following options for payment: payment service provider, credit card, SEPA direct debit and, if expressly agreed, bank transfer. When using a payment service provider, this enables the provider and customer to process the payment among themselves. When paying by credit card, the customer must be the legitimate cardholder. The final debit of the credit card takes place upon confirmation of the rental request. In the course of a SEPA direct debit procedure, the bank, BIC and IBAN of the customer's bank account are required. By selecting the SEPA direct debit procedure, the customer authorizes the provider to collect payments from his bank account by direct debit. At the same time, he instructs his bank to redeem the direct debits drawn by the provider on his bank account.
The customer's bank account is debited after the order has been completed. Within the framework of the conditions agreed with his bank, the customer can request reimbursement of the debited amount within eight weeks, starting with the debit date. The customer can view his SEPA direct debit mandate in his customer account and revoke it in accordance with § 675p BGB.
The usage fees are set by the customer in advance and are independent of
of the actual useful life of the item and will not be reimbursed if the customer sends the item back to the provider before the end of the contract period. There is no entitlement to partial reimbursement or offsetting. In the case of a contract with a minimum term, the user fee is due upon conclusion of the rental contract, but before the goods are shipped and subsequently on the 1st of the first month of the respective contract extension. In the case of a contract with an indefinite term, the first monthly installment is due upon conclusion of the rental contract, but before the goods are shipped on the 1st of the new month of use.
If the customer is in default of payment, the provider is entitled to claim default interest of 9 percentage points above the base interest rate, unless the customer is a consumer. In this case, default interest is 5 percentage points above the base interest rate. The provider reserves the right to prove higher damage. Customers may only object to the payment claim of the provider with items that are undisputed by the provider or legally binding against the provider
set off established claims. This does not apply if the customer's claim arose from a claim for non-cash benefits that entitles him to refuse performance. Customers may only exercise a right of retention if their counterclaim is based on the same contractual relationship.
10. Responsibility of the customer The use has to be carried out carefully as usual, minimizing the expected damage. In the event of any damage or
other impairment of the rental item during the rental period, the customer is obliged to inform the provider immediately in writing of all the details of the event that led to the damage to the item. In the event of damage to the goods and other violations of the rental agreement concluded between the customer and the provider, the customer is generally liable in accordance with the statutory provisions. If the customer is then obliged to pay compensation to the provider, his deductible per claim is reduced to 50% of the damage incurred - unless otherwise agreed. The deductible will not be reduced if the goods are lost.
11. Special Rules for Use
The customer himself is responsible for the proper use of the devices. The provider assumes no liability for damage resulting from improper handling. The customer also assumes responsibility for determining his medical fitness to use the respective device. A doctor may need to be consulted.
12. Return of the leased property
The rental agreement ends at the end of the agreed contract period or
by giving notice at the specified time. The customer is obliged to return the goods and accessories to the address specified by the provider. The customer must return the item in the condition in which he received it. If the customer continues to use the item after the agreed rental period has expired, the rental relationship is deemed to be extended by a further month, unless the provider objects. § 545 BGB does not apply. If the customer returns the item in its entirety and undamaged, and the supplier finds the item in the same condition category as when it was shipped to the customer, the customer may receive benefits in the form of discounts and other credits.
The provider will inform the customer of this separately. However, there is no entitlement to receive such benefits.
13. Warranty, Liability
The statutory right to liability for defects shall apply unless otherwise specified in the present case. If the customer is an entrepreneur, the warranty period is limited to one year for new goods and the warranty is excluded for used goods. If the customer is a consumer, the warranty period for used goods is limited to one year.
14. Provider Liability
The provider is liable without limitation for damages if the cause of the damage is based on an intentional or grossly negligent breach of duty by the provider, a legal representative or vicarious agent. The provider is only liable for negligent behavior in the event of a breach of an obligation, the fulfillment of which is essential for the achievement of the contract and compliance with which the contractual partner may regularly rely on (cardinal obligation), insofar as the provider typically had to expect the damage caused according to the circumstances known at the time the contract was concluded . For the rest, the liability of the provider - also for vicarious agents - is excluded. The limitation of liability according to paragraph 1 does not apply
for claims for damages resulting from injury to life, limb or health, the assumption of a guarantee of quality or fraudulent concealment of defects by the provider. Liability under the Product Liability Act remains unaffected. Any statutory liability privileges in favor of the provider, e.g. according to §§ 7 to 10 of the Telemedia Act of the Federal Republic of Germany, remain unaffected.
15. Vendor Release from Liability
The customer exempts the provider from all claims that third parties assert against the provider due to improper, non-contractual or illegal use of the rental property, unless he is not responsible for this. In the case of an exemption according to sentence 1, the customer compensates the provider for any damage that the provider incurs due to improper, non-contractual or illegal use, including any costs of legal defense. The user informs the provider immediately if third parties assert claims for improper, non-contractual or illegal use of the goods and supports the provider in legal defense.
16. Use of the website The provider expressly points out that the use of web services involves risks. This applies in particular to dangers caused by the sending of malware, spamming (unsolicited sending of advertising e-mails), theft of passwords, electronic intrusion, manipulation, hacking and other forms of unauthorized disclosure of user data, harassment and forgery be evoked. Provider will use reasonable efforts to minimize these risks. This does not justify a liability.
In this respect, the use of the website is at your own risk
Danger. Maintenance, retrofits or upgrades, errors or "bugs" or any other cause or circumstance may result in interruptions or failures in the operation of the Platform. The provider will eliminate technical faults immediately within the scope of technical possibilities.
17. Assignment, pledging, cession prohibition
Claims or rights of the customer against the provider are not permitted
may not be assigned or pledged without the customer's consent, unless the customer has demonstrated a legitimate interest in the assignment or pledge. During the term of the rental agreement, any goods owned by the customer that are nevertheless owned by the provider may not be given to a third party, nor rented, leased, sold, charged with a lien or made the subject of a transaction in any other way.